[2014] KEHC 2062 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including being declared suitable by the Kenya Children's Home Adoption Society, and that the child had been in their continuous care since February 2013. Reports from the Children's Department and the guardian ad litem...
Source-derived case information.
- Citation
- [2014] KEHC 2062 (KLR)
- Parties
- Applicant: S K M; Applicant: J C M
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2013
- Procedural Posture
- Adoption Application / Ruling
- Outcome
- adoption granted
- Judges
- HI Ong'udi
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S K M
Applicant
J C M
Applicant
Procedural Posture
Adoption Application / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption of the minor.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including being declared suitable by the Kenya Children's Home Adoption Society, and that the child had been in their continuous care since February 2013. Reports from the Children's Department and the guardian ad litem confirmed the child's welfare and integration into the applicants' family. The court was satisfied that the adoption was in the best interests of the child and that all procedural and substantive legal requirements had been met. Accordingly, the adoption was granted, and the applicants were authorized to adopt the minor, with appropriate guardians appointed in the event of misfortune.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the male child M O, now renamed M K.
- D K Land and C C L are appointed guardians in the event of misfortune affecting the applicants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ADOPTION NO. 6 OF 2013
In the matter of M O alias M K (CHILD)
S K M ….................................1ST APPLICANT
J C M …..................................2ND APPLICANT
RULING
This is the application (Originating Summons) dated 28th October, 2013. The main prayer is the Adoption of the minor herein by the Applicants who are husband and wife.
L K. C R ID.NO. [particulars withheld] was appointed guardian ad litem on 7th February, 2014.
The Children's department through the District Children's officer Kiptanui Chepkwony filed a report in this court on 15th May, 2014. The report was on a home visit of the Applicants plus the minor the subject of this application. The report is positive on the integration of the subject into the family.
The guardian ad litem also filed her report on 6th October, 2014 as directed by the court. The child is said to have bonded well with the Applicants and is also attending school at [particulars withheld] Primary School.
The minor was declared free for adoption by the Kenya Children's Home Adoption Society on 16th October, 2012. He was received into the care of the Applicants on 1st February, 2013 and has been in their custody to date.
All information and particulars of the Applicants and the guardian ad litemhave been filed; The guardians details have also been filed. I am therefore satisfied that the application is merited and I allow it and issue the following orders:
The Applicants are authorized to adopt the male child M O who is now renamed M K
D K LandC C L are appointed guardians in the event that the Applicants meet with any misfortune.
The Registrar to make appropriate entries in the Adopted Children's Register.
A birth certificate to be issued in respect of the minor M Kby the Registrar of Births and Deaths.
Dated,signed and delivered this 9th day of October, 2014.
H.I. ONG'UDI
JUDGE
In the presence of
Rotich – Court clerk
Mr. Mutai for Applicants
Applicants
Guardian Ad litem